Outcome and conduct: the test of reasonableness in professional negligence
Solicitors are not expected to be infallible or guarantee an outcome, but they must not be doomed to fail in adversarial contexts.
Who do you think they are? Identifying your client
A recent case emphasises the importance of identifying clients before witnessing their signatures on loan and associated security documents. By TONY REYNOLDS and DEBORAH MORRIS.
Is your practice ready for e-conveyancing?
Be proactive in transitioning to the new regime and remember to review funds transfer processes and confirm payment instructions by multiple methods. By SIMONE HERBERT-LOWE.
Practical tips for executors where there has been an active enduring power of attorney
If the deceased’s affairs were being managed under an enduring power of attorney before death, testate administration can be significantly more complicated. By JEN MCMILLAN.
Managing cyber risk – practical guidance
Managing cyber risk is an integral part of legal practice. By SIMONE HERBERT-LOWE.
Has your negligence caused a loss?
To succeed in a claim for professional negligence the claimant must prove three basic elements. By TONY REYNOLDS and PAUL KOZUB.
Transactions involving enduring powers of attorney
Solicitors play an important role in safeguarding against elder abuse. By JEN MCMILLAN.
Do you know it all? When it’s unwise to advise
Dabbling in unfamiliar practice areas can be unfair to the client and increase risk for the practitioner. By KERRIE LALICH.
Caution – solicitor on board! Serving on a client’s board of directors
There are real risks when acting as a director on the board of a client’s company. By ELISSA BAXTER.
Making enduring powers of attorney: practical tips
Ensure clients understand the real life impact and full scope of enduring powers of attorney. By JEN MCMILLAN.
Ready to defend yourself? The power of the file note
A lack of file notes is a significant handicap in presenting a successful defence on behalf of an insured. By JANICE PURVIS.